95 Iowa 304 | Iowa | 1895
“First. Did Engineer Prior do all he could to stop his train as soon as he actually discovered Lulu Sutzin upon the bridge, and in a position of peril? A. No. Wesley Stephens, Foreman. Second. Do you And that Engineer Prior wantonly and recklessly failed to do all in his power to stop his train as soon as he actually saw Lulu Sutzin on the bridge, and in a position of peril? A. Yes. Wesley Stephens, Foreman. Third. When Engineer Haines discovered the children upon the bridge, were they then in a position of danger from his train? A. Yes. Wesley Stephens, Foreman. Fourth. Did Engineer Haines believe that the children were between the tracks, and out of danger, when he saw them upon the bridge, and for that reason fail to stop his train before reaching them? A. No. Wesley Stephens, Foreman. Fifth. Was Engineer Haines guilty of a mere mistake of judgment, in failing to stop his train after he saw the children upon the bridge?*308 A. No. [Not. signed.] , Sixth. Was Engineer Haines guilty of wanton and reckless negligence, in not stop ping his train? Yes. Wesley Stephens, Foreman/ And also the following three special findings, at plaint iff’s request, to-wit: “First. After Engineer Prior discovered the children upon the bridge, did he exercise ordinary care to stop his train? A. No. Wesley Stephens, Foreman. Second. After Engineer Haines discovered the children upon the bridge, did he exercise ordinary care to stop his train? A.. No. We-sle-y Stephens-, Foreman. Third. When Engineer Haines discovered the children on the bridge, were they in danger from both .trains? A. Yes. Wesley Stephens, Foreman.” Haines was the engineer of the north, or Council Bluffs, train; and Prior, of the Kansas City train.
Errors are assigned on the admission and rejection of testimony. This opinion has already grown too long, and we will not attempt to set out the rulings; complained of. It is sufficient to say we have examined each of them, and discover no prejudicial error. The judgment is affirmed.